14:91.1 E.Unlawful presence of a sexually violent predator - penalty
Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned for not more than six months, or both.
Effective: 08/01/2018 - Present
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14:91.11 A.(1)Sale, exhibition, or distribution of material harmful to minors - charging and definition
The unlawful sale, exhibition, rental, leasing, or distribution of material harmful to minors is the intentional sale, allocation, distribution, advertisement, dissemination, exhibition, or display of material harmful to minors, by a person who is not the spouse, parent, or legal guardian of the minor to any unmarried person under the age of eighteen years, or the possession of material harmful to minors with the intent to sell, allocate, advertise, disseminate, exhibit, or display such material to any unmarried person under the age of eighteen years, by a person who is not the spouse, parent, or legal guardian of the minor at a newsstand or any other commercial establishment which is open to persons under the age of eighteen years.
Effective: 08/15/2006 - Present
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14:91.11 A.(2)Sale, exhibition, or distribution of material harmful to minors - definition of 'material harmful to minors'
Definition of 'material harmful to minors' as applied to this Section
Effective: 08/15/2006 - Present
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14:91.11 A.(3)Sale, exhibition, or distribution of material harmful to minors - definition of 'descriptions or depictions of illicit sex or sexual immorality'
Definition of 'descriptions or depictions of illicit sex or sexual immorality' as applied to this Section.
Effective: 07/31/1994 - Present
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14:91.11 A.(4)Sale, exhibition, or distribution of material harmful to minors - definition of 'minor'
'Minor' means any person under the age of eighteen years.
Effective: 08/15/2006 - Present
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14:91.11 A.(5)Sale, exhibition, or distribution of material harmful to minors - definition of 'video game'
'Video game' means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played or viewed on or through a computer, gaming system, console, or other technology.
Effective: 08/15/2006 - Present
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14:91.11 B.(1)Sale, exhibition, or distribution of material harmful to minors - unlawful for a person who is not the spouse, parent or guardian to permit any person under 18 to be in any establishment exhibiting any item described in A
It shall be unlawful for a person who is not the spouse, parent, or legal guardian of the minor to invite or permit any unmarried person under the age of eighteen years of age to be in any commercial establishment that exhibits or displays any item, material, work or thing of any kind that is described in Subsection A of this Section.
Effective: 08/15/2006 - Present
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14:91.11 B.(2)Sale, exhibition, or distribution of material harmful to minors - lack of knowledge of age shall not constitute a defense unless the defendant has reasonable cause to belive minor was 18 or more including counterfeit ID
Lack of knowledge of age shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was eighteen years of age or more and that the minor exhibited to the defendant a selective service card, driver's license, military identification card, birth certificate or other official or apparently official document purporting to establish that such a minor was eighteen years of age or more.
Effective: 08/15/2006 - Present
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14:91.11 B.(3)Sale, exhibition, or distribution of material harmful to minors - definition of 'exhibition or display' for purposes of this section
Definition of 'exhibition or display' for purposes of this section
Effective: 08/15/2006 - Present
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14:91.11 B.(4)Sale, exhibition, or distribution of material harmful to minors - exception for commercial establishment if signage displayed saying area is 'NOT FOR MINORS'
A commercial establishment shall not be in violation of this Section if the commercial establishment provides for a separate area for the exhibition or display of material harmful to minors and designates said area 'NOT FOR MINORS' or similar words and the commercial establishment prohibits persons under the age of eighteen years from seeing or examining the contents of material harmful to minors.
Effective: 08/15/2006 - Present
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14:91.11 C.Sale, exhibition, or distribution of material harmful to minors - Section does not preempt municipalities, parishes and other governments from regulating obscenity
This section does not preempt, nor shall anything in this section be construed to preempt, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments; however, in order to promote uniform obscenity legislation throughout the state, the regulation of obscenity by municipalities, parishes and consolidated city-parish governments shall not exceed the scope of the regulatory prohibitions contained in the provisions of this section.
Effective: 07/31/1974 - Present
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14:91.11 D.Sale, exhibition, or distribution of material harmful to minors - prior to selling material harmful to minors, the individual purchasing the material shall be required to present identification establishing age
Prior to selling material harmful to minors as provided for by this Section, a commercial establishment shall require the individual purchasing the material harmful to minors to provide a driver's license, selective service card, military identification card, birth certificate, or other official form of identification which on its face establishes the age of the person as eighteen years or older.
Effective: 08/15/2006 - Present
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14:91.11 E.Sale, exhibition, or distribution of material harmful to minors - penalty
Whoever is found guilty of violating the provisions of this Section shall be fined not less than one hundred dollars nor more than two thousand dollars or imprisoned for not more than one year, or both.
Effective: 08/15/2006 - Present
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14:91.12Sale, distribution or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled dangerous substances
Sale, distribution or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled dangerous substances
Effective: 08/01/2014 - Present
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14:91.12(A)No person shall sell, distribute or make available to a person under eighteen years of age any publication, advocating, or facilitating the illegal use of any substance classified as a controlled dangerous substance pursuant to Title 40
No person shall sell, distribute or make available to a person under eighteen years of age any publication which has as its dominant theme articles or a substantial number of advertisements encouraging, advocating, or facilitating the illegal use of any substance classified as a controlled dangerous substance pursuant to Title 40 of the Louisiana Revised Statutes of 1950.
Effective: 08/01/2014 - Present
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14:91.12(B)Exemption for employee acting within the course and scope of his employment and who has no proprietary interest in the business
No employee acting within the course and scope of his employment and who has no proprietary interest in the business shall be guilty of a violation of this Section unless he has actual knowledge of the contents of the publication.
Effective: 08/01/2014 - Present
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14:91.12(C)Penalty for the Sale, distribution or making available to minors publications encouraging, advocating, or facilitating the illegal use of controlled dangerous substances
Whoever violates this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/01/2014 - Present
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14:91.13Illegal use of controlled dangerous substances in the presence of persons under seventeen years of age
Illegal use of controlled dangerous substances in the presence of persons under seventeen years of age
Effective: 09/09/1988 - Present
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14:91.13 A.Illegal use of controlled dangerous substances in the presence of persons under seventeen years of age - charging and definition
It shall be unlawful for any person over the age of seventeen, while in the presence of any person under the age of seventeen and when there is an age difference of greater than two years between the two persons, to use, consume, possess, or distribute any controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.
Effective: 09/09/1988 - Present
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14:91.13 B.Illegal use of controlled dangerous substances in the presence of persons under seventeen years of age - penalty
Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for more than six months, or both.
Effective: 09/09/1988 - Present
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14:91.14 A.(1)Unlawful distribution of material harmful to minors through the Internet - charging and definition
Any person or entity in Louisiana that publishes material harmful to minors on the Internet shall, prior to permitting access to the material, require any person attempting to access the material to electronically acknowledge and attest that the person seeking to access the material is eighteen years of age or older.
Effective: 08/01/2015 - Present
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14:91.14 A.(2)Unlawful distribution of material harmful to minors through the Internet - failure to comply with Paragraph (1) shall constitute a violation
The failure to comply with the provisions of Paragraph (1) of this Subsection shall constitute the unlawful distribution of material harmful to minors through the Internet.
Effective: 08/01/2015 - Present
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14:91.14 A.(3)Unlawful distribution of material harmful to minors through the Internet - publisher of material is not liable if proper notice is posted and the person seeking access falsely attests to being 18 or older
If a person or entity in Louisiana publishes material harmful to minors on the Internet and complies with the provisions of Paragraph (1) of this Subsection, the person or entity shall not be held liable under the provisions of this Section if the person seeking to access the material is under the age of eighteen and falsely acknowledges and attests that he is eighteen years of age or older.
Effective: 08/01/2015 - Present
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14:91.14 A.(4)Unlawful distribution of material harmful to minors through the Internet - Internet service provider, computer service provider or radio or television broadcast licensee shall be deemed a publisher
No Internet service provider, interactive computer service provider as defined by 47 U.S.C. 230(f), or radio or television broadcast licensee of the Federal Communications Commission shall be deemed to be a publisher or distributor of material harmful to minors that is provided by another person.
Effective: 08/01/2015 - Present
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14:91.14 A.(5)Unlawful distribution of material harmful to minors through the Internet - does not apply to any news or public interest broadcast, website, video, report or event
This Section shall not apply to any bona fide news or public interest broadcast, website, video, report, or event and shall not be construed to affect the rights of any news-gathering organization.
Effective: 08/01/2015 - Present
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